Definitions
In these terms and conditions:
1. Agreement: an agreement whereby the customer acquires products in connection with a delivered distance contract and these are delivered by Jungle Gym B.V. and/or Hy-Land B.V. or by a third party on the basis of an agreement between that third party and Jungle Gym B.V. and/or Hy-Land B.V.;
2. Reflection period: the period during which the customer may use his right of withdrawal;
3. Customer: within the meaning of these terms and conditions, a consumer who, as a natural person, performs legal acts for purposes that fall predominantly outside the independent exercise of a profession or business or an entrepreneur who, as a natural person, any legal person or any partnership, enters into a legal act in the course of her independent practice of a profession or business;
4. Day: calendar day;
5. Durable data carrier: any means, including email, that allow the customer or supplier to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible;
6. Right of withdrawal: the customer’s option not to proceed with the distance agreement within the cooling-off period;
7. Jungle Gym B.V. and/or Hy-Land B.V.: the legal entity that offers the products to customers at a distance;
8. Distance agreement: an agreement concluded by Jungle Gym B.V. and the customer within the scope of an organized system for distance selling products, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the agreement;
9. Model withdrawal form: the European model withdrawal form included in these terms and conditions;
10. Technology for remote communication: means that can be used to conclude an agreement, without the customer and Jungle Gym B.V. and/or Hy-Land B.V. being simultaneously in the same room.
Company details
Jungle Gym B.V.
Backyard Playgrounds - PO Box 75083 - 1070 AB Amsterdam - Phone number: +31 (0) 85 4444 100 - Email address: [email protected] - Chamber of Commerce: 33 260625 - VAT ID: NL8089.30.266.B01 - Responsible director Jungle Gym B.V. is PSB Holding III B.V.
Hy-Land B.V.
Commercial Playgrounds - PO Box 75083 - 1070 AB Amsterdam - Phone number: +31 (0) 85 4444101 - Email address: [email protected] - Chamber of Commerce: 16 078319 - VAT ID: NL8137.81.887.B08 - Responsible director Hy-Land B.V. is PSB Holding B.V.
The offer on this site is the exclusive responsibility of Jungle Gym B.V. with the exception of the product offer of the professional playground equipment of the Hy-Land brand and the respective company Hy-Land B.V.
Applicability of these conditions
1. These terms and conditions apply to every offer of Jungle Gym B.V. and/or Hy-Land B.V. and to any distance agreement concluded between Jungle Gym B.V. and/or Hy-Land B.V. and a consumer or entrepreneur (hereinafter "the customer").
2. Before the distance contract is concluded, the text of these terms and conditions will be made available to the customer. If this is not reasonably possible, Jungle Gym B.V. and/or Hy-Land B.V. will indicate how the terms and conditions can be inspected and that they will be sent free of charge as soon as possible at the request of the customer.
3. If the distance contract is concluded electronically, the text of these terms and conditions can be made available to the customer electronically in such a way that it can be easily stored on a durable data carrier. If this is not reasonably possible, it will be indicated where the terms and conditions can be read electronically and that they will be sent free of charge at the request of the customer.
4. In the event that specific product terms and conditions apply in addition to these terms and conditions, the second and third paragraphs apply mutatis mutandis, and the customer can always invoke the applicable provision that is most favorable to him in the event of conflicting terms and conditions.
The offer
1. In these terms and conditions, the following definitions apply: If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to allow a proper assessment of the offer by the customer. If Jungle Gym B.V. and/or Hy-Land B.V. uses images, these are a true representation of the products offered. Obvious mistakes or errors in the offer are not binding on Jungle Gym B.V. and/or Hy-Land B.V.
3. Each offer contains sufficient information so that it is clear to the customer what rights and obligations are attached to the acceptance of the offer.
The agreement
1. The agreement is concluded at the moment of acceptance by the customer of the offer and compliance with the corresponding conditions.
2. If the customer has accepted the offer electronically, Jungle Gym B.V. and/or Hy-Land B.V. will confirm the receipt of the acceptance of the offer by electronic means without delay. As long as the receipt of this acceptance has not been confirmed by Jungle Gym B.V. and/or Hy-Land B.V., the customer can dissolve the agreement.
3. If the agreement is concluded electronically, Jungle Gym B.V. and/or Hy-Land B.V. will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment.
4. Jungle Gym B.V. and/or Hy-Land B.V. can, within legal frameworks, inform itself whether the customer can meet his payment obligations and inquire about facts and factors that are important for a responsible conclusion of the distance contract.
5. Jungle Gym B.V. and/or Hy-Land B.V. will send the following information, in writing or on a durable data carrier, at the latest upon delivery of the product to the customer:
- The visiting address of Jungle Gym B.V. and/or Hy-Land B.V. where the customer can file complaints;
-The conditions under which and the manner in which the customer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- The information about warranties and after-sales services;
- The price, including all taxes of the product, where applicable, the costs of delivery, and the method of payment, delivery, or performance of the distance contract;
- If the customer has a right of withdrawal, the model form for withdrawal.
Right of withdrawal
1. The customer can dissolve an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. Jungle Gym B.V. and/or Hy-Land B.V. may ask the customer for the reason for withdrawal but may not oblige him to state his reason(s).
2. If the product is custom-made, the consumer does not have the right of withdrawal. Jungle Gym B.V. and/or Hy-Land B.V. defines customization as a product manufactured according to consumer specifications, not prefabricated, and clearly intended for a specific person. Jungle Gym B.V. and/or Hy-Land B.V. will inform the consumer accordingly.
3. The cooling-off period referred to in paragraph 1 starts on the day after the customer, or a third party designated in advance by the customer, who is not the carrier, has received the product, or:
- If the customer has ordered several products in the same order: the day on which the customer, or a third party designated by him, has received the last product. Jungle Gym B.V. and/or Hy-Land B.V. may, provided that it has clearly informed the customer prior to the ordering process, refuse an order for several products with different delivery times.
- If the delivery of a product consists of several shipments or parts: the day on which the customer, or a third party designated by him, has received the last shipment or the last part.
- In the case of agreements for regular delivery of products during a certain period: the day on which the customer, or a third party designated by him, has received the first product.
Obligations of the customer during the reflection period
1. During the cooling-off period, the customer will handle the product and the packaging with care. He will return the product in the same condition as it was received, i.e., complete, undamaged, and in the original, unopened packaging. The starting point here is that the customer may only handle and inspect the product as he would be allowed to do in a shop.
2. The customer is only liable for depreciation of the product that is the result of handling the product beyond what is permitted in paragraph 1.
3. The customer is not liable for depreciation of the product if Jungle Gym B.V. has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Exercise of the right of withdrawal by the customer and costs thereof
1. If the customer makes use of his right of withdrawal, he must report this to Jungle Gym B.V. within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the customer shall return the product or hand it over to (an authorized representative of) Jungle Gym B.V. and/or Hy-Land B.V. This is not necessary if Jungle Gym B.V. and/or Hy-Land B.V. has offered to collect the product himself. The customer has in any case observed the return period if he returns the product before the cooling-off period has expired.
3. The customer returns the product with all accessories supplied, in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by Jungle Gym B.V. and/or Hy-Land B.V. Any damage or loss of returned items during the return transport is the responsibility and expense of the customer.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the customer.
5. The customer bears the direct costs of returning the product. Due to the nature of the delivery of a complete playground equipment, the direct costs for a return shipment are estimated at a maximum of approximately €150.
6. If the customer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.
Obligations of Jungle Gym B.V. and/or Hy-Land B.V. upon withdrawal
1. If Jungle Gym B.V. and/or Hy-Land B.V. makes the notification of withdrawal by the customer possible electronically, he will immediately send an acknowledgment of receipt after receiving this notification (within two working days at the latest).
2. Jungle Gym B.V. and/or Hy-Land B.V. reimburses all payments received from the customer, including any delivery costs charged by Jungle Gym B.V. and/or Hy-Land B.V. for the returned product, without delay but within 14 days following the day on which the customer notifies him of the withdrawal. Unless Jungle Gym B.V. and/or Hy-Land B.V. offers to collect the product himself, he may wait with paying back until he has received the product or until the customer demonstrates that he has returned the product, whichever is earlier.
3. Jungle Gym B.V. and/or Hy-Land B.V. uses the same means of payment used by the customer for reimbursement, unless the customer agrees to another method. The refund is free of charge for the customer.
4. If the customer has opted for a more expensive method of delivery than the cheapest standard delivery, Jungle Gym B.V. and/or Hy-Land B.V. will not reimburse the additional costs for the more expensive method.
Prices and payment terms
1. The prices stated in the range of products are total prices and include the statutory turnover tax. Any delivery or shipping costs are indicated separately in the relevant offer.
2. During the period of validity stated in the offer, the prices of the products offered will not be increased, except for price changes as a result of changes in VAT rates.
3. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the customer must be paid within 14 days after the cooling-off period commences, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the customer has received confirmation of the agreement.
4. If the customer opts for prepayment as a method of payment, the amount must be paid immediately after conclusion of the agreement.
5. If the payment method 'PayPal' is selected, payment is made via the payment service provider PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg in accordance with the applicable PayPal terms of use. The condition for choosing this payment method is, among other things, that the customer opens a PayPal account or already has a PayPal account.
6. When choosing the iDEAL payment method, the customer authorizes his bank, which is affiliated with the iDEAL payment system, to execute the payment order. After authorization for this payment order, the invoice amount is debited from the customer's account and transferred to the seller's account. The seller is immediately informed of the successful payment.
7. The customer is obliged to immediately inform Jungle Gym B.V. of any inaccuracies in payment details provided or stated.
8. If the customer does not meet his payment obligation(s) in time, after payment has been made by Jungle Gym B.V. and/or Hy-Land B.V. has been pointed out to the late payment and the customer has been given a period of 14 days to still meet his payment obligations, after payment has not been made within this 14-day period, the statutory interest is due on the amount still due, and Jungle Gym B.V. and/or Hy-Land B.V. is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500 and 5% on the next €5,000 with a minimum of €40. Jungle Gym B.V. and/or Hy-Land B.V. may deviate from the stated amounts and percentage to the benefit of the customer.
9. The prices applicable in the offer apply if it can reasonably be assumed that the prices are correct. If the prices are clearly incorrect due to a mistake or error, Jungle Gym B.V. and/or Hy-Land B.V. reserves the right to cancel the order.
Liability for defects
1. The products of Jungle Gym B.V. have been developed for private use in the garden. The products of Jungle Gym B.V. are therefore not intended for use in public places or for commercial purposes. Jungle Gym B.V. excludes all liability in case the device is used in public places or for commercial purposes. Jungle Gym B.V. excludes any liability for consequential damage, direct damage, indirect damage, or damage caused by improper use.
Explicit warning accompanying the Jungle Gym products for purchase and use:
- For household use only.
- Only suitable for outdoor use.
- The maximum weight per user is 50 kg.
- Not suitable for children under three years of age.
- Suitable for children from three to ten years old.
- Limited to a maximum number of users as stated in the product specifications and assembly instructions.
2. Jungle Gym B.V. and/or Hy-Land B.V. guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement.
3. In general, the legal regulations regarding liability for defects apply. A customer, who is not a consumer in the context of a company or profession, must report the defect in the purchased item to Jungle Gym B.V. within two months after the discovery of a defect.
4. Jungle Gym B.V. and/or Hy-Land B.V. accept no liability for consequential damage or personal injury resulting from a defect unless Jungle Gym B.V. and/or Hy-Land B.V. were aware of this defect at the time of concluding the agreement or expressly indemnified the customer against the possible occurrence of such a defect.
5. Any extra guarantee provided by Jungle Gym B.V. and/or Hy-Land B.V., its supplier, manufacturer, or importer does not limit the legal rights and claims the customer can assert against Jungle Gym B.V. and/or Hy-Land B.V. under the agreement if Jungle Gym B.V. and/or Hy-Land B.V. has failed to fulfill its part of the agreement.
6. Extra guarantee means any commitment of Jungle Gym B.V. and/or Hy-Land B.V., its supplier, importer, or manufacturer in which it assigns certain rights or claims to the customer that go beyond what it is legally obliged to do in the event that it has failed to fulfill its part of the agreement.
Delivery and shipping conditions
1. The risk of damage and/or loss of products rests with Jungle Gym B.V. and/or Hy-Land B.V. until the moment of delivery to the customer or a pre-designated and notified representative of Jungle Gym B.V. and/or Hy-Land B.V., unless expressly agreed otherwise.
2. The customer is required to check upon delivery whether the products conform to the order. If this is not the case, the customer must notify Jungle Gym B.V. and/or Hy-Land B.V. as soon as possible, and in any event within seven working days after delivery or as soon as reasonably possible after discovery, in writing and with a reasoned explanation.
3. The place of delivery is the address that the customer has given to Jungle Gym B.V. and/or Hy-Land B.V. The delivery address indicated during the order is decisive for the settlement of the transaction. However, when choosing the payment method PayPal, the address that the customer provides to PayPal during the payment is decisive.
4. For goods delivered by a freight forwarder, the goods are delivered to the public road closest to the delivery address.
5. If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer cannot be blamed for the failed delivery or if he was temporarily prevented from receiving the delivery, unless the seller has announced the delivery within a period deemed reasonable.
6. With due observance of what is stated in these terms and conditions, Jungle Gym B.V. and/or Hy-Land B.V. will execute accepted orders expeditiously but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the customer will be notified of this no later than 30 days after he has placed the order. In that case, the customer has the right to dissolve the agreement without costs and is entitled to any compensation.
7. After dissolution in accordance with the previous paragraph, Jungle Gym B.V. and/or Hy-Land B.V. will refund the amount paid by the customer without delay.
Complaints procedure
1. Jungle Gym B.V. and/or Hy-Land B.V. has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted fully and clearly described to Jungle Gym B.V. within a reasonable time after the customer has discovered the defects.
3. At Jungle Gym B.V. and/or Hy-Land B.V., complaints submitted will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Jungle Gym B.V. and/or Hy-Land B.V. will respond within the period of 14 days with a notice of receipt and an indication of when the customer can expect a more detailed answer.
4. We are not obligated nor willing to participate in a consumer arbitration board complaint process under any consumer dispute settlement.
Disputes and applicable law
1. The EU Commission provides a platform for online dispute resolution on the internet under the following link: https://ec.europa.eu/consumers/odr. This platform serves as a point of contact for the extrajudicial settlement of disputes on the basis of sales or service contracts via the internet, in which a consumer is involved.
2. Jungle Gym B.V. and/or Hy-Land B.V. is neither obliged nor willing to participate in a dispute procedure of a consumer disputes committee.
3. On agreements between Jungle Gym B.V. and/or Hy-Land B.V. and the customer to which these terms and conditions apply:
- If the customer acts as a consumer, all legal relationships of the parties are governed by the law of the state where the customer has his habitual residence;
- If the customer acts as an entrepreneur, only Dutch law applies to all legal relationships of the parties.
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